IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130006657 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the character of service and the reason and authority for his discharge be changed to something more favorable.  He further requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-6344" instead of "XXX-XX-7344." 

2.  The applicant states he was discharged only for being absent without leave (AWOL) and he doesn't want his discharge to reflect as a felony on a background check.

3.  The applicant provides:

* DD Form 214
* copy of Social Security card

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 1 December 1965, he was inducted into the Army of the United States.  He did not complete initial entry training.

3.  A DD Form 398 (Statement of Personal History) completed in conjunction with his induction shows his SSN as "XXX-XX-6344."

4.  His record contains a United States Department of Justice Federal Bureau of Investigation document showing he was arrested or received on 26 June 1966 as a fugitive-deserter and turned over to the military.

5.  On 25 August 1966, pursuant to his guilty plea, he was convicted by a special court-martial of being AWOL from: 

* 19-22 February 1966
* 13-15 March 1966
* 31 March-28 June 1966

6.  On 14 August 1967, pursuant to his guilty plea, he was convicted by a special court-martial of being AWOL from on or about 2 September 1966 to 20 July 1967. 

7.  His records contain a physical and psychiatric evaluation statement, dated 11 September 1967, showing he had no disqualifying physical or mental defect sufficient to warrant disposition through medical channels.  He had the mental capacity to understand and participate in board proceedings.  It shows the applicant had no motivation to complete his military obligation and had no sense of responsibility or personal pride as a Soldier.  He had indicated he would continue to go AWOL if returned to duty.  The psychiatrist stated in view of the applicant's demonstrated pattern of maladaptive behavior, it was expected that further retention in the service would result in further administrative difficulty.  Because of his undependability and pattern of shirking, it was recommended the applicant be administratively separated under the provisions of Army Regulation 635-212 (Personnel Separations - Discharge - Unfitness and Unsuitability) as being unfit.

8.  On 19 September 1967, the applicant's commanding officer recommended his elimination from the service under the provisions of Army Regulation 635-212 for unfitness due to his severe record of AWOL and misconduct. 

9.  On 3 October 1967, the appropriate authority approved the recommendation that the applicant be discharged from the service under the provisions of Army Regulation 635-212 and directed the applicant be furnished an Undesirable Discharge Certificate.

10.  On 5 October 1967, he was discharged under the provisions of Army Regulation 635-212, paragraph 14e, with a separation program number of 28B, denoting unfitness - frequent involvement in incidents of a discreditable nature with civil or military authorities, and assigned an under other than honorable conditions character of service.  He was given an Undesirable Discharge Certificate.  The DD Form 214 he was issued shows he completed a total of 3 months and 20 days of creditable active service with 555 days of time lost due to AWOL and confinement.  This form shows his SSN as "XXX-XX-7344."

11.  The social security card he provides shows his SSN as "XXX-XX-6344."

12.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness.  Paragraph 6 stated an individual was subject to separation for unfitness due frequent incidents of a discreditable nature with civil or military authorities.  When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. 

13.  Army Regulation 635-200 (Personnel Separations), paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged under the provisions of Army Regulation 
635-212 by reason of unfitness due to frequent incidents of a discreditable nature with civil or military authorities.  His record shows he was AWOL on four occasions and he was convicted by special courts-martial for these offenses.  His record shows he had a total of 555 days of time lost.  These frequent instances of indiscipline clearly show he did not meet the standards of acceptable conduct and performance of duty for military personnel.  This misconduct also renders his service unsatisfactory.

2.  All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  He was properly and equitably discharged in accordance with regulations in effect.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.  The records contain no evidence of procedural or other errors that would have jeopardized his rights.

3.  Whether his type of discharge or reason and authority for separation show as a felony on his background check is not a mitigating factor in determining whether his discharge is in error.  Moreover, the Board does not grant requests for changes to discharges solely for the purpose of making the applicant better off.  Every case is individually decided based upon its merits.  In light of the available evidence, there is no basis for granting the applicant's request for a more favorable character of service or reason and authority for separation.

4.  His DD Form 214 shows his SSN as "XXX-XX-7344."  However, his 
DD Form 398 and his social security card show his SSN as "XXX-XX-6344."  Therefore, it appears a typographical error was made when entering his SSN on his DD Form 214, and it would be appropriate to correct the applicant's DD Form 214 to show his SSN as it is listed on his social security card.

5.  In view of the foregoing, the applicant is entitled to have only so much of his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his SSN as it is listed on the social security card he provides.





2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his character of service and reason and authority for separation.




      _______ _  X ______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130006657



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ABCMR Record of Proceedings (cont)                                         AR20130006657



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